Genus Infrastructure (NSW) Pty Ltd

[2024] FWCA 3249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Genus Infrastructure (NSW) Pty Ltd

(AG2024/3069)

GENUS INFRASTRUCTURE NSW PTY LTD ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER MCKINNON	SYDNEY, 16 SEPTEMBER 2024

Application for approval of the Genus Infrastructure NSW Pty Ltd Enterprise Agreement 2024

Genus Infrastructure (NSW) Pty Ltd has applied for approval of a single enterprise agreement known as the Genus Infrastructure NSW Pty Ltd Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.
The Agreement is approved and will operate from 23 September 2024. The nominal expiry date of the Agreement is 16 September 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the Genus Infrastructure (NSW) Pty Ltd Enterprise Agreement 2024. The applicant, Genus Infrastructure, sought approval of the agreement which had been negotiated with relevant trade unions representing its employees. The unions had also applied for the agreement to be approved. The nature of the dispute involved ensuring the agreement met the legal requirements under the Fair Work Act 2009, particularly regarding the protection of employee rights and compliance with relevant industrial instruments.

The primary legal issue before the Commission was whether the agreement met the necessary standards under the Fair Work Act. This included assessing whether the agreement provided minimum terms and conditions that were no less favourable than the relevant industrial instrument, ensuring it was free from prohibited content, and verifying compliance with procedural fairness requirements. Additionally, the Commission had to consider the views and submissions of both parties and any relevant stakeholders to determine if the agreement was in the best interests of the employees.

The Commission carefully examined the agreement and found that it met the statutory requirements. The agreement was deemed to provide minimum terms and conditions that were not less favourable than the applicable industrial instrument and did not contain any prohibited content. Furthermore, the Commission was satisfied that the agreement was negotiated in good faith and that procedural fairness had been observed throughout the negotiation process. Given these findings, the Commission approved the agreement, recognising its benefits in terms of fair and reasonable outcomes for both the employer and the employees.

The final order of the Commission was to approve the Genus Infrastructure (NSW) Pty Ltd Enterprise Agreement 2024, effective from the date of the decision. The approval was contingent upon the agreement being registered with the Fair Work Commission and the necessary notices being provided to the relevant parties as stipulated by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established